Employee contract query

LowOdour

Speaking to a colleague, something interesting has come up.

This employee signed a contract when he started many moons ago.

His employee salary, position, role, department have all changed (usually for the better) in the intervening years, without original contract ever changing.

Thing is, if he wants his contract changed to reflect these changes, does he have to accept it? Could it be refused, even if he asks for it to be updated?

Just something that got me thinking!

OMM 0000

I always find these sort of questions a bit weird.

Try to think of it from HR/managements perspective.

"John refuses to sign a contract which states his new position and salary."

"What? Why?"

"I don't know, I don't know him too well. Is he a bit of a weirdo?"

"I didn't think so, but this is strange behavior. Maybe he intends to leave and doesn't want to sign a new contract?"

"Is he unhappy?"

"I guess so? Let me talk to his manager."

Etc. etc.

Why make yourself appear difficult?

LowOdour

OMM 0000 wrote: »

I always find these sort of questions a bit weird.

Try to think of it from HR/managements perspective.

"John refuses to sign a contract which states his new position and salary."

"What? Why?"

"I don't know, I don't know him too well. Is he a bit of a weirdo?"

"I didn't think so, but this is strange behavior. Maybe he intends to leave and doesn't want to sign a new contract?"

"Is he unhappy?"

"I guess so? Let me talk to his manager."

Etc. etc.

Why make yourself appear difficult?

If your HR person is asking that kind of question, the company already has bigger issues!

You are correct though, its an odd question but im sure there are plenty of people who have gotten promotions, pay increases etc without ever getting their contract changed.

OMM 0000

LowOdour wrote: »

If your HR person is asking that kind of question, the company already has bigger issues!

You are correct though, its an odd question but im sure there are plenty of people who have gotten promotions, pay increases etc without ever getting their contract changed.

HR people are people too...

Don't be fooled by how serious they act in your interview, they are as ridiculous or silly as the rest of us.

seamus

A change in contract doesn't necessarily require the agreement of the employee. Certain provisions can be changed unilaterally provided that they've been signalled in good time and given in writing.

Companies are required to provide a written contract to all employee within 3 months (?) of starting work. This is not something that requires the employee's signature - turning up for work is an implicit acceptance of the terms of employment.

This is also true where the conditions of an employee's contract has changed.

In the case where a company wants to provide a written contract to an employee documenting their current situation, then in short he can't refuse if he has been doing that job already. He can only refuse/argue if they new contract is a change in his terms.

In the case where the employee wants such a document, the company cannot refuse either. If they have been providing him the duties and salary of his "new" position, then they too have implicitly agreed to these terms.

One thing I see a lot is people claiming their "original contract never changed" after promotion, salary increase, etc. But if you ask them they will recall having been given formal letters for each of these changes - notifications about new positions and salaries.

These are addendums to the original contract and now form part of the whole. A company doesn't generally issue a whole new contract every time someone gets promoted or gets a raise.